M/S SHREE HARI SPINTEX, MAUR MANDI V. DY. COMMISSIONER OF INCOME TAX, BATHINDA

ITA 652/ASR/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5013 (ITAT-AMRITSAR)
• Duration Of Justice: 2 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 31-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S M SURENDRANATH
• Assessee Lawyers: P N ARORA
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH: AMRITSAR BEFORE SHRI LALIET KUMAR, JUDICIAL MEMBER AND DR. MITHA LAL MEENA, ACCOUNTANT MEMBER I.T.A NO. 652/ASR/2018 (ASSESSMENT YEAR: 2009-10) M/S SHREE HARI SPINTEX LTD., BATHIDA ROAD, MAUR MANDI [PAN: AAKCS 7908L] (ASSESSEE) VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, BATHINDA (REVENUE) ASSESSEE BY SH. P. N. ARORA, ADV. REVENUE BY SH. S. M. SURENDRANATH, D. R. DATE OF HEARING 24.09.2021 DATE OF PRONOUNCEMENT 24.09.2021 ORDER PER BENCH: THE APPEAL FILED BY THE ASSESSEE FEELING AGGRIEVED BY THE ORDER OF LD. CIT(A), DATED 22.10.2018 FOR A.Y. 2009-10. 2. AT THE OUTSET, THE LD. AR OF THE ASSESSEE HAS RE QUESTED FOR WITHDRAWAL OF THIS APPEAL FILED BY ASSESSEE AND STATED THAT THE ASSESS EE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER THE I.T.A NO. 652/ASR/2018 2 VIVAD SE VISHWAS SCHEME, 2020. A CERTIFICATE TO T HIS EFFECT IN FORM-3 UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT , 2020 HAS ALSO BEEN FILED. 3. ACCORDINGLY, THE ASSESSEE HAS REQUESTED FOR WITH DRAWAL OF THE APPEAL AS THE ASSESSEE HAS OPTED TO SETTLE THE ISSUE OF THE TAX A RREARS FOR THE ASSESSMENT YEAR WITH CAPTIONED APPEAL UNDER THE VSV SCHEME 2020. 4. CONSIDERING THE AFORESAID FACTS, THE ASSESSEES APPEAL IS FILED TO RECORD BEING TREATED AS DISMISSED. 5. HOWEVER, THE AFORESAID DECISION IS SUBJECT TO CA VEAT THAT IF THE DISPUTED TAX ARREARS FOR THE ASSESSMENT YEAR IS NOT ULTIMATELY R ESOLVED IN TERMS OF THE ACT, THE REVENUE AND THE ASSESSEE SHALL BE AT LIBERTY TO APP ROACH THE TRIBUNAL FOR THE REINSTITUTION OF THE APPEAL AND THE TRIBUNAL SHALL CONSIDER SUCH APPEAL AS PER LAW. 6. THE REVENUE HAS NO OBJECTION WITH REGARD TO THE AFORESAID WITHOUT OF APPEAL WITH CAVEAT. 7. THUS, THE APPEAL OF THE ASSESSEE IS TREATED AS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24/09/2021. SD/- SD/- (DR. M.L. MEENA) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER I.T.A NO. 652/ASR/2018 3 DATED 24/09/2021 *GP/SR. P.S.* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT TRUE COPY BY ORDER